Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-11-26


OF ADDISON INDEFINITELY POSTPONED.
The session Of the Criminal Court engaged in the
trial OF Granville A Whitaker, on the charge OF
presenting fraudulent vouchers to the Navy De-
partment was continued until O'Clock last eve
ming, the arguments on the motion OF Mr. Wilson
Tor the defense to discharge the Jury on &C
count OF the arrest Of Addison, on q charge Of at
tempting 10 influence juror, being In progress.
MI. Wilson, for the defense, quoted Whartons
Criminal Law as showing that anything occurring
outside the trial to prevent full justice vitiates
verdict Of conviction. Nor DID the fact, be said,
that It was the duty OF the district attorney to
oroer tns arrest make 1t any less 'legal miscon-
duct" as TO this trial. He quoted several cases as
sustaining this view. The argument was contin-
ued by Assistant District Attorney Coyie who said
the district attorney Of attempting to corruptly
MI. WOrthingtonn said that the only controversy
porter He had only his own testimony, which he
would leave to be considered as against that of the
thorities he said: s:The gentleman who finds it ne
cessaIy 70 can the attention OF the court to them,
comes into court and writes himself down an ass"
charge" Mr.. Worthington went on ave have no
amdavI that Mr.. Whitaker's counsel did not do 1t.
Notwitnstanding their high standing In the COM
mun1ty ~ does not follow that their robes are any
more spotless than those Of the ofcer selected TO
represent the United States"
state that he had not known a thing about the
matter until he read OF It. "What / said, Mr..
wilson went on, II did with consideration for the
point and tried to do my duty by my client with
out giving ofYense to him."
Mr. Chandler said that the district attorney was
awakeneo from his sleep by the reporter, and
might IN his drowsiness have forgotten what he
said. He then referred in vigorous terms to what
81 the @
an tnQuisition from which there was no defense or
escape ana said this was the hardest place to get
Men have no political independence and are at the
mercy OF the Government. He had seen every sa-
cred tie violated and men trampled under foot.
MI. Wortnlngton said that for man who was
dogged TO his shop and to his house, as Burnett
was, to be expected to keep silent about it was
to keep trying until had caught the sco1ndreI
as believe him to be. and there is no Jury pre-
sent, there is no harm In my saying It," He was
not charged with the duty OF suppressing matters
In the Police Court.
JUDGE AoNTGOMERY's DECISION.
This morning when the court convened the
Jurors were In their places. Judge Montgomery
directed them to retire. He then proceeded to
decide the motion to discharge the jury.
less involved in this case, are, or ought
to be unQuestioned 'They are, first: That
the integrity OF the jury box must De maintained
at all hazards, and that the man who attempts its
unlawful invasion shall not escape punishment
Second: That jurors ought always to be encour-
sged TO make TO tns court complete disclosures Of
OF to improperly influence their decision.
Third, That the high personal character well as
the professional emlnence OF the gentlemen who
appear as counsel for the defendant furnish
abundant evidence OF their entire Dlamelessness
In whatever may have transpired. Lastly. that
which mark the administration OF the office OF the
present district attorney thoroughly attest the
perfect integrity OF his purposes in what he seems
to have felt called upon to do. am also con-
strained to say" continued the judge, "that at
present nothing is apparent which indicates even
any part in or knowledge Of what is alleged to
have been corruprly undertaken in his behalf.
confess to having been profoundly impressed
which have listened, and yet have liTtle doubt
as to the proper disposition OF this motion at this
time. | do believe most sincerely in the impera-
tive obligation which rests upon the court TO see
to 1t that every citizen who may be charged with
crime shall have secured to him the fair and i'm
ton could not and Would ny NOT 'ne Consent TO
permit verdict OF guilty to remain un-
disturbed II It was apparent that It had been,
partly induced by influences or by considerations
which have no proper place in the administration
OF Justice so In this case II verdict adverse to
the defendant should have been rendered, and
which fairly seemed to have been induced or in-
fuenced by publication or statement which had
no place in the case, should feel impeiled to at
once set 1t aside. II this were a motion for a new
trial, after verdict Of guilty, based upon the
showing now presented, together with the addi-
which have been exhibited had been read by one
Or more OF the jurors, my present opinion is that
the verdict could not be allowed TO stand. do not
now determine that 1t absolutely would be vacated
and neither do declare that the present showing
without addition would not entitle the defendant
do m he INA. he
Is not a motion for a new trial The defendant
has not been convicted and the verdict may not
be adverse to him. Second, there Is no showing
that any member OF the jury ever read or saw the
newspaper articles. Third, 1t is not shown that
any OF the jurors, aside from Mr.. Burnett, KNOWS
anything OF the charge against Addison or of the
proceedings which are pending against him. / do
not hesitate to express my regret that 1t was
arrest and i arraignment Of Addison e during % the the
trial Of this case. It is also to be regretted that
publication was not withheld until the conclusion
that the arrest was unnecessary, for his apprehen.
sion should have been made reasonably certain,
and that the juror who exposed him should be
commended for IT cannot be questioned. OF course
1t would have been better had the juror come to
the court direct but that he did otherwise cannot be
good faith. also feel constrained to say that in
my opinion the juror ough not TO be called upon
TO attend at or to give testimony CON
cou1s une a shs slSse the the 1s
should not be frank II ! did not declare that
hereafter be rendered, should a motion be there
after made to vacate 1t, even upon the showing
OF any verdict, and in the absence of q Certainty
that convection will be had, to arrest the pro-
ceeding, TO stop the trial. and declare now that no
verdict can properly be received do not think
ought to do this. ! must, therefore, deny the
present motion. I do II, however, without pretu-
dice TO the defendant, and preserving to him the
right TO move hereafter, In case he desires to do
So to set aside the verdict which shall be rendered
the same as though the present motion had not
been made and passed upon"
THE TRIAL RESUMED.
The Jurors were then called In and the trial pro-
ceeded
E 7. Kaiser was called by the defendant and
testified that he was at MT. WhitaEer's store in
1883, and ne knew OF goods being sent to the bu-
reau; that Carrlgan was recognized as the agent
OF the bureau, and he would come In and leave Or
ders some OF which witness filled, the goods being
sent by The porter.
Witness identined number Of bills in his hand
writing ana signed by Mr. Whitaker
During the crOeS-examtnattOn the district attOr-
ney stated that Mr.. Kaiser had said that Mr. Whit
aker kept no books, and they proposed to show the
contrary, and that they were in MIR. Kaisers Gus
t0dy and he made the bills from them On redirect
examination witness said the bills were made
from memoranda kept In the flleS
R0bt Lancaster testified that he was the porter
OF Mr. Whitaker, and he had taken goods from the
store and delivered them to Carr1gan at the
bureau.
THE BOYCOTT CASE.